Mancini v Amaral
Landlord wins · York · 2025-07-07
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- M.M.
- Tenant
- D.A.
- Landlord rep
- John Timmins
What happened
The Landlord applied to terminate the tenancy and evict the Tenant due to substantial rent arrears. The Tenant challenged the validity of the N4 notice based on a clerical error in the date format for the rental period. The Board determined that the error constituted substantial compliance and did not prejudice the Tenant. The arrears were found to exceed the Board's $35,000 monetary jurisdiction for the final judgment, though the full amount must be paid if the Tenant wishes to void the eviction and continue the tenancy.
The ruling
The tenancy is terminated effective July 18, 2025, unless the Tenant pays $46,546.00 to void the order. If the Tenant does not void the order, they are ordered to pay the Landlord $34,915.68 (the maximum amount within LTB jurisdiction after deposit deductions) plus daily compensation of $64.77 from April 9, 2025, until they vacate.